Vinita @ Vinita Bhushan Vs The State of Bihar — Motor Accident Claims | Patna HC (2026)

Vinita @ Vinita Bhushan Vs The State of Bihar — Motor Accident Claims | Patna HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: release upon arrest or surrender before the Trial Court within 4 weeks, on furnishing bail bond of Rs. 30,000/- (Section 2(1)(d), BNSS 2023) to the satisfaction of the Special Judge, Excise, Patna City, in connection with Daniyawan P.S. Case No. 324 of 2023, subject to conditions under Section 482(2), BNSS 2023.

Issue for consideration

Whether the petitioner, apprehending arrest in Daniyawan P.S. Case No. 324 of 2023 (registered under Sections 30(a), 32(2), 32(3), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, with recovery of 443.25 litres of illicit liquor), is entitled to anticipatory bail.

Court's answer

The petitioner is to be released on anticipatory bail in the event of arrest or surrender before the Trial Court within a period of 4 weeks, on furnishing a bail bond of Rs. 30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023.

Ratio / Principle

The release is conditioned on the bail bond being furnished to the satisfaction of the Special Judge, Excise, Patna City, in connection with Daniyawan P.S. Case No. 324 of 2023, and is subject to the conditions laid down under Section 482(2) of the BNSS, 2023.

Detailed headnote1 paragraphs

Anticipatory bail granted. The petitioner, Vinita @ Vinita Bhushan, apprehended arrest in Daniyawan P.S. Case No. 324 of 2023 (dated 06.12.2023), lodged under Sections 30(a), 32(2), 32(3), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022, following a total recovery of 443.25 litres of illicit liquor; the recovery pertained to a vehicle standing in her name, and counsel pleaded that her husband had sold the vehicle to neighbour Pappu Singh (agreement/declaration annexed as Annexure-P/2) with only the Motor Vehicles Act ownership-transfer documents left incomplete. The learned APP opposed the prayer but conceded the petitioner's clean criminal antecedents and the existence of the sale agreement. Dr. Anshuman, J. directed release on anticipatory bail upon arrest or surrender before the Trial Court within 4 weeks, on a bail bond of Rs. 30,000/- (Section 2(1)(d), BNSS 2023) to the satisfaction of the Special Judge, Excise, Patna City, subject to the conditions laid down under Section 482(2), BNSS 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30178 of 2026

Arising Out of PS. Case No.-324 Year-2023 Thana- DANIYAWAN District- Patna

======================================================

Vinita @ Vinita Bhushan W/o Late Vinod Bhushan R/o - A-7, P.C Colony, Near - Chandan Hero Showroom, Kankarbagh, District - Patna, Bihar - 800020

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Amarnath Kumar, Advocate For the Opposite Party/s : Mr. Raj Ballabh Singh, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

2 07-05-2026

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending arrest in connection with Daniyawan P.S. Case No. 324 of 2023, dated 06.12.2023, lodged under Sections 30(a), 32(2), 32(3), 36, 41(1) and 41(2) of the Bihar Prohibition and Excise (Amendment) Act, 2022.

As per the prosecution, total recovery of 443.25 litres of illicit liquor has been made, which is the subject matter of the present case.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that the petitioner’s name has figured in this case only for the reason that recovery has been made from the

Patna High Court CR. MISC. No.30178 of 2026(2) dt.07-05-2026 2/3

vehicle, and the alleged vehicle stands in the name of the petitioner. Counsel further submits that the criminal antecedent of the petitioner is clean, and it is the specific plea that the husband of the petitioner had sold the alleged vehicle to his neighbour, namely, Pappu Singh. In this regard, an agreement/declaration has been attached as Annexure-P/2. Counsel further submits that the only mistake on the part of her husband was that the documents relating to transfer of ownership under the Motor Vehicles Act could not be completed. Counsel also submits that the petitioner belongs to a respectable family and is ready to fulfil all the conditions whatsoever may be imposed.

Learned APP for the State opposes the prayer for bail of the petitioner, but fairly submits that the criminal antecedent of the petitioner is clean and Annexure-P/2 contains an agreement relating to the sale of the alleged vehicle.

Considering the facts and circumstances of the present case, let the above-named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the

Patna High Court CR. MISC. No.30178 of 2026(2) dt.07-05-2026 3/3

satisfaction of Special Judge, Excise, Patna City, in connection with Daniyawan P.S. Case No. 324 of 2023, subject to the conditions as laid down U/s 482(2) of the BNSS , 2023.

(Dr. Anshuman, J.)

Aman Kumar/-

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